Evansville Personal Injury
Evansville Premises Liability Lawyer
Types of Premises Liability Cases We Handle
The Evansville premises liability lawyers at Indianapolis Injury Lawyers are experienced in all of the following types of premises personal injury cases, and more:
- Trips and falls;
- Slip and fall accidents;
- Swimming pool accidents;
- Amusement park accidents;
- Exposure to toxic substances;
- Elevator or escalator accidents;
- Hotel or motel negligence;
- Negligent security; and
Duty of Care Owed to Various “Types” of People
In order for a business or property owner to be held accountable for damages, it must be proven that they violated their duty of care to you. Depending on the relationship between the property and injured party, the duty of care can either be great, moderate, or none at all. An example of duty of care would be to keep a storefront entrance clean and dry during a rainstorm to prevent slipping. A moderate degree of duty of care would be to repair an obviously damaged handrail in a home to prevent someone from falling down the stairs.
According to the Indiana Supreme Court, “a landowner must exercise reasonable care for the invitee’s protection while the invitee is on the premises.” There are different types of duties of care based on the relationship between the victim and the property or business owner. This can have an impact on compensation for the victim’s damages, and the property owner may even claim that you, the victim, were a trespasser as opposed to an invitee (for example) in order to reduce their own liability.
- Invitee—An invitee is a person who is invited onto the property for the benefit of the property owner. The top example of an invitee is a customer who is in the business during business hours, whether they have purchased something or not. Property owners owe invitees the highest degree of duty of care.
- Licensee—A licensee has expressed or implied permission to be on the property, but is not on the property for the property owner’s benefit. For example, a neighbor who walks onto your lawn during a conversation is an invitee. So is a friend or relative who comes over for dinner. Property owners owe a high level of duty of care to licensees, though not as high as they do for invitees.
- Trespasser—Under Indiana statute 34-31-11-3, if someone is trespassing (on or in a property illegally), the property owner does not owe them any duty of care. However, a property owner cannot take intentional steps to maliciously injury a trespasser, such as setting up traps. Furthermore, if the injured trespasser is a child, the property owner can be held accountable for injuries if the property is particularly dangerous or attractive to children.
Contact Our Evansville Premises Liability Attorneys Today
As the victim of a premises accident, the property or business owner owed you a duty of care that was breached. Therefore, they can be held accountable for your damages, including medical, pain and suffering, lost wages, and other damages. To get started on a personal injury claim today, call Indianapolis Injury Lawyers at 317-455- 4043 to schedule a free consultation with an Evansville premises liability lawyer.